Minutes of Meeting

CABRILLO COLLEGE GOVERNING BOARD

April 6, 2009

 

REGULAR MEETING

 

The regular monthly meeting of the Cabrillo College Governing Board was held at the Sesnon House, Cabrillo Community College District, 6500 Soquel Drive, Aptos, California on Monday,
April 6, 2009.  Chair Rebecca Garcia opened the meeting in Open Session at 4:30 pm.  Roll was taken; present were Chair Garcia, Trustees Gary Reece, Rachael Spencer, Katy Stonebloom, Susan True, and Claudine Wildman.  Trustee Al Smith was absent.  Chair Garcia asked for Public Comments on Closed Session items.  There were no public comments.

 

Closed Session items were announced and the meeting was adjourned to Closed Session at
4:31 pm. Closed Session was adjourned at 5:37 pm.

 

 

CALL TO ORDER

ROLL CALL

 

Chair Rebecca Garcia called the Open Session to order at 5:39 pm.  Other Board members present were Trustees Gary Reece, Rachael Spencer, Katy Stonebloom, Susan True, Claudine Wildman, and Student Trustee Gary Meyer. Trustee Al Smith was absent.  Also present were members of the community, college faculty, staff and students.

 

 

ROLL CALL

 

 

REPORT OUT OF CLOSED SESSION

 

Chair Garcia reported that on March 20, 2009, the District received the arbitrator’s award in the AAA Case No. 74 110 Y 00243 08 brought against the District by HGA Architects, Inc. finding that HGA is entitled to a reconciliation of its contract price based on Section 2.4 of its Agreement for Architectural Services.  Each party is responsible for their respective attorney’s fees and costs.

 

Chair Garcia reported that the Board approved (Smith absent) the District’s settlement of all claims with Christie Constructors, Inc. for AAA Case Number 74 110 J 00975 08 JRJ.  Pursuant to the approved settlement, there will be a mutual release of all claims and, in addition, the District will release to Christie Constructors the $94,719.78 that the District is currently withholding from the contract balance and will further pay Christie the amount of $280,280.22.  Each party is responsible for their respective attorney’s fees and costs.

 

Chair Garcia reported that the Board directed its counsel to interplead the funds in the amount of $28,130.50 for the stop notice of Malcolm Drilling in accord with Code of Civil Procedures section 386.

 

Chair Garcia stated that in Closed Session, the Board unanimously (Smith absent) ratified the dismissal of the following classified employee: PCN #353016, effective February 23, 2009.

 

 

REPORT OUT OF

CLOSED SESSION

PROCEDURAL ITEMS

 

It was moved and seconded (Reece/Stonebloom) to approve the Consent Agenda, including the minutes from the meeting of March 9, 2009, as presented.

 

The motion carried with the following roll call vote:

 

Student Trustee Advisory Vote:  Aye

 

AYES:          Garcia, Reece, Spencer, Stonebloom, True, Wildman

NOES:          None

ABSENT:      Smith

ABSTAIN:      None

 

 

 

APPROVAL OF

CONSENT AGENDA

AND MINUTES

 

 

INTRODUCTION OF NEWLY APPOINTED FACULTY AND STAFF

 

None.

 

INTRODUCTION OF

 NEWLY APPOINTED

FACULTY AND STAFF

 

ORAL COMMUNICATIONS

 

Marilyn Garrett addressed the Board regarding the hazards of cell phones and microwave radiation levels.  She wished to place on the record that the Board was warned of the hazards and took no action.  She read from an article titled, “Cell Phones, the New Cigarettes”.

 

 

ORAL

COMMUNICATIONS

 

 

SPECIAL PRESENTATION

 

Faculty members Chuck Smith, Program Chair of Anthropology, and Gordon Hammer, Art Photography, presented reports on their 2007-08 Sabbatical Leave projects.

 

 

SPECIAL PRESENTATION

 

 

ORAL REPORTS

 

Board Members' Reports

 

Trustee Stonebloom thanked President King and Mario Garcia from the Transfer Center for aggressively following up with San Jose State regarding their recent stand on priority registration for Santa Clara County residents.  She reported on her attendance at a recent Children’s Center Advisory Committee meeting, which was well-attended by representatives from early childhood centers from all over the county.  There was discussion regarding the county-wide impact of the cuts to the Children’s Center, and the question was left as to how it will be handled institution-wide.  Trustee Stonebloom expressed concern regarding the need to be especially mindful of unwittingly excluding students as classroom space becomes increasingly competitive and the digital divide becomes more pronounced.  She noted that there were expressions of gratitude regarding3 Sheila Anderson, interim director, for the wonderful years of leadership she has provided, along with retiring faculty Eric Hoffman, Luz Cardona and Julie Miller.

 

Trustee True reported that she enjoyed a recent local art show where all but two were Cabrillo artists.  She commented that the ECE department is offering a new course on ECE mental health, which fits precisely into the picture Trustee Stonebloom described.  From her work perspective, Trustee True noted that her office can offer reimbursements for classes but the students have no idea how to get into the pipeline.  Trustee True stated that at the ECE meeting, she was surprised that much of the core conversation was around the digital divide and how to get new, monolingual students into courses, rather than about the reductions.

 

ORAL REPORTS

 

BOARD MEMBER REPORTS

 

Student Trustee’s Report

 

Student Trustee Gary Meyer thanked Dean Sesario Escoto and Gabe Gutierrez for their continuing support.  He noted that Student Senate elections for next year are coming up.  The Student Senate recently funded the OLA Graduation, the Nursing Pinning Ceremony, and the Transfer Program’s trip to various colleges.  He expressed the hope that students with concerns about how Student Senate funds are being spent would bring those concerns to the Senate.

 

 

STUDENT

TRUSTEE’S

REPORT

 

 

Superintendent’s Report

 

Superintendent/President Brian King reported that it had been invigorating to recently hear from so many faculty members, noting that the reason everyone is here is for teaching and learning but because of fiscal events beyond the college’s control, there had been no time to spend talking about classroom events.  He thanked the constituent leaders, Paul Harvell, Stephanie Stainback and Steve Hodges, and administrative leaders, for their active participation in developing the process for input throughout the budget reduction cycle.  President King expressed his appreciation for the many individuals who came to talk to the Board committee, CPC and Administrative Council about the impact on their programs.  President King reported that San Jose State University announced in March that it would give Santa Clara County residents registration priority, and this could be a major problem for Cabrillo College students.  President King met with the SJSU president to see what could be done to expedite transfer for Cabrillo students, and while they are aware of the issue, the budget crisis is the problem and the edict for them is to reduce enrollment.  The hope is that this ruling will be for only one semester.  President King reported on his attendance at a COA (Commission on Athletics) meeting.  He noted that it was nice to get away and see how Cabrillo is thought of from an outside perspective.  President King stated that Athletic Director Dale Murray serves as Dean of the Directors’ organization and is very highly regarded.  He reported that serving on the COA Board has been a great opportunity to see some of the tough issues facing college athletics; the key is to reduce costs and still meet the needs of student athletes.  President King reported that Cabrillo College has been selected as one of fifteen colleges to participate in a California Leadership Alliance for Student Success (CLASS) project, funded by the Hewlett and Irvine Foundations.  Chair Garcia, a faculty leader and he will attend leadership institutes and a group of incoming students will be identified as a cohort to track their successes.

 

 

SUPERINTENDENT’S

REPORT

 

CCEU

 

Stephanie Stainback, CCEU President, addressed the Board regarding Action Item 13, the Reduction or Discontinuance of Classified Service.  She noted that while she will ask the Board to revisit the outcome, it was a good process and she thanked the Board for their participation.  Ms. Stainback asked for reconsideration of recommendations one through four.  For recommendation #1, “Discontinue Admissions & Records Technician”, Ms. Stainback asked for consideration of a position freeze, harvesting the salary savings for a year, noting that the position is critical for transcript work.  Recommendation #2, “Discontinue Computer Systems Maintenance Technician”, she asked to keep the position.  With the ambitious Technology Plan underway, she stated that it would be counterproductive to lay off any IT personnel and the recommendation does not reflect the data received.  Recommendation #3, “Discontinue Maintenance Worker”, Ms. Stainback noted as almost surreal to consider with new facilities coming online and the current understaffing in M&O.  Recommendation #4, “Discontinue Program Specialist, Student Employment”, she asked to freeze instead of eliminate, as when the economy begins to shift, the office cannot be sustained with one person.  Ms. Stainback reflected that these cuts affect services that will not go away and no workplan has been provided to cover them.  Ms. Stainback stated that virtually all money for overtime will be eliminated, all student workers, and temps.  She added that currently 14 of 29 vacant positions are filled by temp workers and when they are released, the loss will be acutely felt.  Ms. Stainback stated that the recommendations presented to the Governing Board were not approved by the College Planning Council, not because some CPC representatives are there in the role of union leadership, but because they affect core issues of college mission and student services, and the body for shared governance did not agree.  Ms. Stainback stated that throughout the budget reduction process, President King did a great job of communications, along with the Vice Presidents and Deans.  She asked the Board to revisit the top four recommendations.

 

 

CCEU

 

 

CCFT

 

Paul Harvell, CCFT President, stated that faculty reviewed the proposed reductions and agreed with CCEU’s concern about the ability to deal with the IT workload, which is such an important part of every instructor’s work.  Mr. Harvell distributed and reviewed brief points on a statewide faculty salary survey, acknowledging that it was not a politically correct time to discuss salary increases.  He noted that Cabrillo now ranks 51st out of 71, while in 2003, Cabrillo ranked 15th.  He reviewed several factors such as instructor efficiency, the impact of adjuncts, and the difficulty of salary comparisons.

 

Chair Garcia noted that in previous negotiations, adjunct salaries were allowed to rise instead of full time faculty, so as not to exploit adjunct faculty.

 

Mr. Harvell responded that statistically, the higher the salaries for adjunct, the higher the salaries for full time, which is a bit difficult to understand.

 

 

CCFT

 

Faculty Senate

 

Steve Hodges, Faculty Senate President, distributed copies of the statewide Academic Senate newsletter to Board members.  Regarding Item 13, Mr. Hodges stated that the Faculty Senate has not expressed an official opinion but he has spoken to many faculty members who agree with his personal concern regarding the recommendation to discontinue the Computer Systems Maintenance Technician position.  He noted that the IT Department is looking at 2.5 FTE in reductions, in addition to student worker cuts, and their job descriptions include video set up and maintenance of multiple computer labs and resources that faculty count on to deliver courses that will severely impact the classroom.

 

 

FACULTY SENATE

 

 

ACTION ITEMS

 

Item 13. Resolution 026-09:  Reduction or Discontinuance of Classified Service

Chair Garcia presented the recommendation that the Governing Board adopt Resolution 026-09 as presented.

 

It was moved and seconded (Reece/Spencer) to adopt Resolution 026-09 as presented.

 

Chair Garcia opened the floor to public comments.

 

Dan Rothwell, Program Chair of the Communications Department, member of the Faculty Senate and CPC, stated that most of what he expected to say about the Computer Systems Maintenance Technician position had already been said.  As a member of the CPC, he noted that there was substantial disagreement about cutting the position, and as the spouse of a member of the department, he had unique insights into the inner workings of IT.  He stated that everybody in the IT department is currently overwhelmed, and as technology continues to advance, the needs will be greater.

 

Mikki Adams distributed and reviewed data reflecting various staffing measurements and addressed the need to develop a workplan to figure out what can no longer be done by the IT department with fewer staff.  She expressed the opinion that the proposed cut was not sustainable and that the position was needed to function.

 

Chyrel Nicholson listed the number of computers, printers, classrooms, etc., that she and one other technician currently maintain.  She stated that the loss of the Computer Maintenance Technician position would damage the college to an unthinkable degree, leaving no one trained for immediate response to teachers’ calls for support.

 

Martin Sandoval spoke on behalf of Cabrillo as a whole, stating that a reduction in classified staff is detrimental to the fundamentals of the college.  He stated that the college is beautiful now but will become unacceptable as it will be impossible to maintain. He encouraged the Board to reconsider the classified reductions.

 

Jill Gallo echoed the previous comments, noting that she was here as a classified employee and as member of CPC.  She stated that she works in Allied Health and there is nothing that is not served by IT; to cut deeper into their services is unthinkable.  She considered it worrisome to see no plans for reductions in services, such as production of transcripts, processing of financial aid with fewer people.  She questioned how to know what not to do, who not to serve, how to make frozen positions and salary savings work best for the college.  Ms. Gallo asked for a final plan to be developed with the process already underway.

 

Trustee Reece stated that he, Trustees True and Spencer were on the Board Budget Committee and attended most of the meetings mentioned.  The committee was also concerned about issues which revolved around some that were heard tonight, but the larger problem was that the initial recommendation for reduction was a target of $5M, then reduced to $3.2M.  Another concern is the uncertainty of the passage of the Governor’s budget proposal.  Knowing that Cabrillo is already lean, and further cuts may have to be made, Trustee Reece asked if the first four positions could be frozen rather than eliminated to avoid having to go back through the Classified Prioritization Process.

 

Vice President Ard responded that it could be technically possible, though in the past, positions have been eliminated in reductions.

 

Trustee Reece stated that he would like to make a motion, amending the proposal to freeze the first four positions.  He noted that everybody commended the process up to a point but then said it fell apart.

 

Trustee Spencer stated that she was not agreeable to second the amendment yet.

 

Trustee Stonebloom stated that she would concur with the motion if there were a second.  She felt fortunate as a Board member to have confidence in the process and was grateful to President King for developing the process, but she was concerned why it fell apart at the eleventh hour.  She asked to reexamine the process, perhaps at another time.

 

President King responded that the hiccup in the process was perhaps inevitable.  The agreement to reduce an already lean classified staff by $550K is very difficult, so when the final decision making point is reached, there will always be concerns.  He stated that whenever there are reductions of people involved, it was agreed to not ask CPC to reach consensus, as was true also on the faculty recommendations.

 

Trustee Spencer recognized everyone who participated in the process.  She noted Ms. Gallo’s comments regarding no plans for reduction of services.  She stated that the Board was very much behind the Technology Plan and when it is fully implemented, many services now performed by hand will be more efficient.  She asked to take the Computer Systems position off the list.

 

Trustee True agreed with Trustee Spencer.  She stated the need to look at core services, especially because the most disadvantaged students give up most easily. 

 

Trustee Wildman expressed concern regarding the financial future of the state and the potential need for the college to be in the same position next year.  She agreed with Trustee Reece regarding moving the positions to a “freeze” rather than an “elimination” as a workload issue for Human Resources.  She agreed with Trustees Spencer and True that the position is critical but questioned whether it would be lost again in a few months, given the bleak financial outlook.

 

Student Trustee Gary Meyer expressed concern regarding the A&R Technician and Student Employment positions. He noted that many people are behind the computer position, which he would also like to see, but deferred maintenance is also a campus problem.  He asked whether there was a chart for M&O comparisons, like Mr. Harvell’s salary comparisons, guessing that Cabrillo was probably at the bottom.  He stated that Cabrillo should be kept clean and neat for students to feel comfortable.

 

Chair Garcia questioned what decision would have to be made if not this one, noting that this $500K was already not enough.  She stated that Cabrillo must have a balanced budget by the end of June.  Chair Garcia asked Trustee Reece the status of his motion.

 

Trustee Reece withdrew his previous motion.

 

Trustee Reece moved to approve the proposed recommendation with exception of positions #1-#4, which would be frozen for salary savings.  Chair Garcia seconded the motion.

 

Trustee Wildman stated that she was thinking ahead to the May election and the June 30 deadline for the budget, and suggested that the administration come back at the June meeting with a broader list to hedge against the election results. 

 

Chair Garcia responded that classified employees need 45 days notice, putting it beyond July 1st, with a June 15th Board meeting.

 

President King stated that in agreeing to the $3.2M target, if the ballot initiatives pass, the college will still have a $2M deficit next year.  Every month that goes by, there is less time to develop work plans.

 

The motion to pass the resolution with the first four positions frozen instead of eliminated was restated.

 

A preliminary consensus was taken.

 

It was moved and seconded (Spencer/True) to adopt Resolution 026-09 as amended:  Position #2 removed; Positions #1, #3, #4 unfunded for 2009-10; Positions #5 - #10 as proposed.

The motion carried with the following roll call vote:

 

Student Trustee Advisory Vote:  Aye

 

AYES:          Spencer, Stonebloom, True, Wildman

NOES:          Garcia, Reece

ABSENT:      Smith

ABSTAIN:      None

 

ACTION ITEMS

 

 

RESOLUTION 026-09:

REDUCTION OR DISCONTINUANCE OF

CLASSIFIED SERVICE

 

 

Item 14. 2007-08 Measure D Audit Report

President King presented the recommendation that the Governing Board accept the audit report of Measure D Bond Funds for June 2008 as prepared by Vavrinek, Trine, Day & Co., LLP.

 

It was moved and seconded (True/Wildman) to accept the audit report of Measure D Bond Funds for June 2008 as prepared by Vavrinek, Trine, Day & Co., LLP.  The motion carried unanimously (Smith absent).

 

 

2007-08 MEASURE D

AUDIT REPORT

 

Item 15. Extension of Contract:  District Audit, 2009

President King presented the recommendation that the Governing Board authorize the Vice President, Business Services to extend the contract with Vavrinek, Trine, Day & Company for audit services in 2009.

 

It was moved and seconded (Wildman/Reece) to authorize the Vice President, Business Services to extend the contract with Vavrinek, Trine, Day & Company for audit services in 2009.  The motion carried unanimously (Smith absent).

 

Chair Garcia asked why the college was not changing audit firms after three years, as in the past.

 

Vice President Ard responded that given all the intense budget work, the decision was to put off for a year the extra work of issuing an RFP for audit firms.

 

Chair Garcia confirmed that it will be done next year.

 

 

EXTENSION OF CONTRACT:

dISTRICT aUDIT, 2009

 

Item 16. Resolution 021-09:  2009-10 Tax and Revenue Anticipation Notes (TRANS)

President King presented the recommendation that the Governing Board adopt Resolution 021-09 delegating to the Vice President, Business Services the authority to decide on participation in the Community College League of California cash reserve program at the time when interest, costs and reinvestment rates are known.

 

Trustee Wildman asked if this would be used if the State delayed payments to the college.

 

Vice President Ard responded that the college sets up this opportunity every year and frequently uses it in the fall.

 

Chair Garcia asked if the college had recently done something similar with the county.

 

Vice President responded that this item is for a TRANS with the League, the previous item was with the County of Santa Cruz.  She noted that the college is setting up as many potential funding options as possible.

 

It was moved and seconded (Reece/Spencer) to adopt Resolution 021-09 delegating to the Vice President, Business Services the authority to decide on participation in the Community College League of California cash reserve program at the time when interest, costs and reinvestment rates are known.  The motion carried with the following roll call vote:

 

Student Trustee Advisory Vote:  Aye

 

AYES:          Garcia, Reece, Spencer, Stonebloom, True, Wildman

NOES:          None

ABSENT:      Smith

ABSTAIN:      None

 

 

RESOLUTION 021-09:

2009-10 TAX AND

REVENUE ANTICIPATION

NOTES (trANS)

 

 

Item 17. CCCT (California Community College Trustees) Board of Directors Election -2009

President King presented the recommendation that the Governing Board nominate up to seven candidates to serve on the CCCT Board of Directors and authorize the President to complete and file the appropriate ballot.

 

It was moved and seconded (Reece/Garcia) to nominate Marcia Zableckis, John Rodgers, Douglas Otto, Manny Ontiveros, Christopher Stampolis, Jeanette Mann, and Bernard Jones to serve on the CCCT Board of Directors and authorize the President to complete and file the appropriate ballot.  The motion carried unanimously (Smith absent).

 

 

CCCT BOARD OF DIRECTORS ELECTION - 2009

 

 

Item 18. Recommendation for Appointment to the Cabrillo College Foundation Board of Directors

President King presented the recommendation that the Governing Board recommend Gary Reece to serve on the Cabrillo College Foundation Board of Directors beginning July 1, 2009.

 

It was moved and seconded (Wildman/Spencer) to recommend Gary Reece to serve on the Cabrillo College Foundation Board of Directors beginning July 1, 2009.  The motion carried unanimously (Smith absent).

 

 

RECOMMENDATION FOR APPOINTMENT TO THE CABRILLO COLLEGE FOUNDATION BOARD OF DIRECTORS

 

INFORMATION ITEMS

 

Item 19. 2008-09 and 2009-10 Budget Update

A 2008-09 and 2009-10 Budget Update was provided for Governing Board information.

 

INFORMATION ITEMS

 

2008-09 AND 2009-10 BUDGET UPDATE

 

Item 20. Disabled Students Program & Services Report

The annual Disabled Students Program & Services report was provided for Governing Board information.

 

Chair Garcia asked for data in terms of student success for students who utilize DSPS services.

 

Director of DSPS Joe Napolitano responded that he has data that shows the students perform on a level equal to the general student population.

 

Chair Garcia asked that the report be forwarded to her.  She stated that she knows the Cabrillo DSPS program is one of the best in the state of California not only in terms of access but also services, and now she can brag about the student outcomes.

 

Trustee Stonebloom stated that in K-12 education, special education costs are a huge issue.  The annual allocation of funding is designed to assist with providing federally mandated services, and if the funding is not enough, the school is responsible for providing the services anyway.  Trustee Stonebloom asked if the cutbacks will affect the ability of DSPS to provide services.

 

Mr. Napolitano responded that the cutbacks are not affecting services at this time; the worst case would be 5%. He stated that his department is looking at flat funding for 2009-10, but he has been asked by the district to pick up the cost of the department’s classified staff vacation, which was previously covered by the district, and an extra 75% cost of their classified staff when they were covering only 25%.

 

Vice President Kilmer commented that Director Napolitano and his staff do a great job, and were very generous with sharing resources.

 

 

DISABLED STUDENTS

pROGRAM AND SERVICES

REPORT

 

 

Item 21. SBDC Annual Report

The 2008 Small Business Development Center annual report was provided for Governing Board information.

 

 

SBDC ANNUAL

REPORT

 

Item 22. Professional Development Leaves Update, 2009-10

An update on 2009-10 Professional Development Leaves was provided for Governing Board information.  Vice President Kilmer stated that this report reflects changes in the list of faculty who will be participating in 2009-10.

 

 

PROFESSIONAL DEVELOPMENT

LEAVES UPDATE, 2009-10

 

Item 23. 2007-08 Professional Development Leave Reports

The 2007-08 Professional Development Leave Reports were provided for Governing Board information under separate cover.

 

Trustee Wildman commented that the reports are always great reading.

 

2007-08 PROFESSIONAL DEVELOPMENT

LEAVE REPORTS

 

Item 24. Technology Plan Implementation Update

An update on the implementation of the Technology Plan was provided to the Governing Board for information.

 

 

TECHNOLOGY PLAN IMPLEMENTATION UPDATE

 

Item 25. Recent Grant Application Submitted

Information regarding a recent grant application submitted was provided to the Governing Board.  A grant application for an Economic Development Administration Supplemental Grant for the Industrial Technology Education Center in Watsonville was submitted.

 

 

RECENT GRANT

APPLICATION SUBMITTED

Item 26. Facilities Master Plan (FMP) Project Status

The Facilities Master Plan (FMP) Project Status was provided for Governing Board information.

 

Student Trustee Meyer asked about the DSA approval for the SAC Café.

 

Facilities Director Doug Deaver responded that he is still pushing DSA on the project and asked Mr. Meyer to check back with him in a week.

 

 

FACILITIES MASTER PLAN

PROJECT STATUS

 

Item 27. Financial Reports

Financial reports through February 28, 2009, were presented to the Governing Board for information.

 

 

FINANCIAL REPORTS

Item 28. Agenda for Next or Future Board Meeting

The following items were requested for information, action or presentations:

• Status Report on Update of Board Policy and Governance Manual

 

 

AGENDA FOR

NEXT BOARD MEETING

Item 29. Cabrillo College Monthly Calendar

The Cabrillo College Monthly Calendar for April 2009 was presented to the Governing Board for information.

 

 

CABRILLO COLLEGE

MONTHLY CALENDAR

ADJOURNMENT

The open session of the Cabrillo College Governing Board was adjourned at 8:00 pm.

 

 

ADJOURNMENT

 

                                                                                    Respectfully submitted,

                                                                                    Secretary